Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 1 of 19
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`No.
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`AMAZON CONTENT SERVICES LLC, a
`Delaware corporation, PENGUIN RANDOM
`HOUSE LLC, a Delaware corporation, LEE
`CHILD, SYLVIA DAY, JOHN GRISHAM, C.J.
`LYONS, DOUG PRESTON, JIM
`RASENBERGER, T.J. STILES, R.L. STINE,
`MONIQUE TRUONG, SCOTT TUROW,
`NICHOLAS WEINSTOCK, AND STUART
`WOODS,
`
`Plaintiffs,
`
`v.
`KISS LIBRARY d/b/a KISSLY.NET,
`WTFFASTSPRING.BID, LIBLY.NET, and
`CHEAP-LIBRARY.COM, RODION
`VYNNYCHENKO, ARTEM
`BESSHAPOCHNY, JACK BROWN, and
`DOES 1-10,
`
`Defendants.
`
`INTRODUCTION
`I.
`1.
`Amazon Content Services LLC and Penguin Random House LLC (“PRH”)
`(together, “Publishers”), and authors Lee Child, Sylvia Day, John Grisham, C.J. Lyons, Doug
`Preston, Jim Rasenberger, T.J. Stiles, R.L. Stine, Monique Truong, Scott Turow, Nicholas
`Weinstock, and Stuart Woods (together, the “Authors”) (collectively, “Plaintiffs”) bring this
`
`COMPLAINT - 1
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 2 of 19
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`suit to stop Defendants Kiss Library, Rodion Vynnychenko, Artem Besshapochny, Jack Brown,
`and Does 1-10 (collectively, “Defendants”) from illegally copying, distributing, and selling
`works written or published by Plaintiffs.
`2.
`Since opening its virtual doors in 1994 as an online bookstore for print books,
`Amazon.com, Inc. and its subsidiaries (“Amazon”) have invested in making more books by
`more authors available to more customers in the format of their choice. For example, Amazon
`launched the Kindle e-reader in 2007 and its own publishing unit called Amazon Publishing
`(“APub”) in 2009. Each day, millions of consumers visit Amazon websites to browse,
`discover, and purchase a wide range of products, including ebooks published by APub, PRH,
`and others.
`3.
`With a publishing history dating back to the 1800s, PRH is one of America’s
`most prestigious and largest book publishers. PRH’s expansive publishing portfolio includes
`nearly 275 independent publishing imprints and brands on 5 continents and contains books for
`readers of all ages and every stage of life. PRH publishes approximately 15,000 new titles
`annually and sells close to 600 million print, audio, and ebooks annually. PRH also works
`tirelessly to protect its authors’ intellectual freedom and properties, giving them access to
`support and resources that help their works reach readers around the world. PRH’s many
`authors include more than 80 Nobel Laureates and hundreds of the world’s most widely read
`authors.
`4.
`The Authors are a collection of some of the most successful authors, both
`critically and in terms of sales, with millions of copies of their works sold around the world.
`Because of the Authors’ fame and the success of their works, both the Authors and their
`publishers—who own certain exclusive rights in their protected works—are forced to regularly
`defend and protect their intellectual properties from infringers.
`5.
`Defendants, who created and operate Kiss Library’s various websites, claim to
`offer a “premium selection” at “unbeatable prices” that “are hard to beat.” See, e.g.,
`https://libly.net/; https://cheap-library.com/. On information and belief, Kiss Library is able to
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`COMPLAINT - 2
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 3 of 19
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`offer “unbeatable prices” for a simple reason: its catalogs are replete with pirated ebooks,
`including titles for which Plaintiffs individually own and/or control exclusive copyrights in the
`United States.
`6.
`Through Kiss Library, Defendants engage in rampant and willful infringement
`of Plaintiffs’ intellectual property rights and divert potential customers to Defendants’ sites—
`where the Plaintiff Authors and Publishers do not receive any royalties for the sales—to
`purchase and download the unauthorized works.
`
`Supermythbuster @supermyths • Nov 21. 2017
`eKissLibrary Biggest pirate book site world has ever seen.
`Is this worldwide fraud the beginning of the end of the ebook?
`If you have an ebook published it is most likely on sale now half price & you
`get zero royalties.
`
`Check: their search box as i did kisslibrary.com/search?query=m
`
`Hacker News and 6 others
`
`7.
`As set forth above, Kiss Library has been described as the “[b]iggest pirate book
`site [the] world has ever seen,” which this lawsuit aims to bring down.
`8.
`Plaintiffs bring this lawsuit to stop Defendants’ notorious pirating and unlawful
`copying, display, distribution, and sale of their ebooks in the United States, and to prevent
`further harm to the Publishers1 and Authors.
`PARTIES
`II.
`9.
`Amazon Content Services LLC is a Delaware corporation with its principal
`place of business in Seattle, Washington.
`10.
`Penguin Random House LLC is a Delaware corporation with its principle place
`of business in New York, New York.
`
`1 Publishers, as used in this Complaint, include all APub imprints and all PRH subsidiaries,
`affiliates, or imprints.
`COMPLAINT - 3
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 4 of 19
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`Lee Child is the author and beneficial owner of the book, Persuader.
`Sylvia Day is the author and beneficial owner of the book, Afterburn.
`John Grisham is the author and beneficial owner of the book, The Litigators.
`C.J. Lyons is the author and beneficial owner of the book, Fight Dirty.
`Doug Preston is the author and beneficial owner of the book, Tyrannosaur
`
`11.
`12.
`13.
`14.
`15.
`Canyon.
`16.
`Jim Rasenberger is the author and beneficial owner of the book, The Brilliant
`Disaster: JFK, Castro, and America’s Doomed Invasion of Cuba’s Bay of Pigs.
`17.
`T.J. Stiles is the author and beneficial owner of the book, Jesse James: Last
`Rebel of the Civil War.
`18.
`R.L. Stine is the author and beneficial owner of the book, Red Rain: A Novel.
`19. Monique Truong is the author and beneficial owner of the book, The Book of
`
`Salt.
`
`Proof.
`
`20.
`
`Scott Turow is the author and beneficial owner of the book, The Burden of
`
`21.
`Nicholas Weinstock is the author and beneficial owner of the book, As Long As
`She Needs Me: A Novel.
`22.
`Stuart Woods is the author and beneficial owner of the book, Short Straw.
`23.
`On information and belief, Defendant Kiss Library d/b/a kisslibrary.com,
`kisslibrary.net, kissly.net, wtffastspring.bid, libly.net, and cheap-library.com, operates online
`ebook websites from Ukraine, and is owned and/or controlled by the named and unnamed
`Defendants.
`24.
`On information and belief, Defendant Rodion Vynnychenko is a Ukrainian
`national and software engineer who created, registered, and operates Defendant Kiss Library
`with other named and unnamed Defendants. Vynnychenko personally participates in and has
`the ability to supervise, direct, and control the wrongful conduct alleged in this Complaint, and
`derives a direct financial benefit from that wrongful conduct.
`
`COMPLAINT - 4
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 5 of 19
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`25.
`On information and belief, Defendant Artem Besshapochny is a Ukrainian
`national who created, registered, and operates Defendant Kiss Library with other named and
`unnamed Defendants. Besshapochny personally participates in and has the ability to supervise,
`direct, and control the wrongful conduct alleged in this Complaint, and derives a direct
`financial benefit from that wrongful conduct.
`26.
`On information and belief, Defendant Jack Brown is an Australian national and
`software developer. He is listed as a customer service representative for Kiss Library,2
`responds to email inquiries on behalf of Kiss Library, and on information and belief, aids and
`abets Defendants Vynnychenko and Besshapochny in the creation and operation of Defendant
`Kiss Library and the illegal distribution of the copyrighted works for his own financial benefit.
`27.
`On information and belief, Defendants Does 1-10 (the “Doe Defendants”) are
`individuals and entities working in active concert with Defendants Vynnychenko,
`Besshapochny, and Brown in the creation and operation of Defendant Kiss Library and the
`illegal distribution of Plaintiffs’ copyrighted works.
`III.
`JURISDICTION & VENUE
`28.
`The Court has subject matter jurisdiction over Plaintiffs’ copyright infringement
`claims under 17 U.S.C. § 501, pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`29.
`The Court has personal jurisdiction over all Defendants because they transacted
`business and committed tortious acts within and directed at the State of Washington. On
`information and belief, Defendants also have obtained copyrighted works that are contracted
`for by Amazon, published by Amazon, and/or distributed by Amazon from Washington,
`thereby purposefully directing their unlawful conduct at Washington. Additionally, Defendants
`have committed intentional acts with actual or constructive knowledge that they would cause
`substantial injury to Amazon and its licensing relationships in Washington.
`
`2 https://www.zoominfo.com/p/Jack-Brown/-795646435.
`COMPLAINT - 5
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`30.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
`substantial part of the events giving rise to the claims occurred in the Western District of
`Washington, where Amazon is headquartered and resides.
`31.
`Pursuant to Local Civil Rule 3(d), intra-district assignment to the Seattle
`Division is proper because the claims arose in this Division, where (a) Amazon resides, (b) a
`substantial part of the injuries giving rise to suit occurred, and (c) Defendants directed their
`unlawful conduct.
`
`FACTS COMMON TO ALL CLAIMS
`IV.
`32.
`The Authors own registered copyrights in each of the works identified above
`and have granted certain exclusive copyrights to publishers, including the exclusive right to
`publish and distribute their works as ebooks in the United States.
`33.
`Amazon acquires content through different programs and services, including
`from APub, other traditional publishers, and self-publishing authors. APub, including its
`sixteen imprints, is a publisher of commercial and literary fiction, nonfiction, and children’s
`books. In exchange for royalties, authors grant APub the exclusive right to distribute their
`work.
`
`34.
`PRH, along with its 250 imprints, is a publisher of commercial and literary
`fiction, nonfiction, and children’s books. In exchange for royalties, authors grant PRH the
`exclusive right to distribute their work.
`35.
`On information and belief, Kiss Library—first located at kisslibrary.com—was
`established as a website and online ebook marketplace on June 14, 2017, when it was registered
`to Defendant Vynnychenko in Kiev, Ukraine. Since that initial registration, Defendant Kiss
`Library and other individual Defendants have also registered or are associated with numerous
`mirror websites, including kisslibrary.net, kissly.net, wtffastspring.bid, libly.net, and cheap-
`library.com, as well as others yet uncovered (collectively, the “Mirror Websites”).
`36.
` On information and belief, after shifting their offerings from the kisslibrary.com
`website due to increased negative reviews and assertions of piracy, Defendants began
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`COMPLAINT - 6
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 7 of 19
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`registering the Mirror Websites to evade detection. As new iterations of Kiss Library attracted
`the ire of authors and publishers around the world, Defendants simply migrated to a new
`website and redirected the domains. Despite some minor differences with each site’s fictitious
`address, non-responsive Google phone number, or purported representatives, the Mirror
`Websites use the same language, phone numbers, and format—in addition to offering
`substantially the same unauthorized ebooks as the original Kiss Library—as can be seen at
`libly.net and cheap-library.com today.
`37.
`For example, Defendants’ Mirror Websites include the same language and
`format in describing the website and its offerings. They each claim to offer a “[p]remium
`selection” of books at “unbeatable prices,” see Exhibit A (https://libly.net/; https://cheap-
`library.com/; https://kissly.net/; http://wtffastspring.bid/), and to “handle everything from
`product hosting and payment processing to automatically sending download emails and
`delivering the products,” see Exhibit B (https://libly.net/about/; https://cheap-
`library.com/about/; https://kissly.net/about; http://wtffastspring.bid/about), and their operators
`“are humans too, so on the weekends the response times may be delayed. Don’t worry - no
`message is left unanswered,” see Exhibit C (https://libly.net/contact/; https://cheap-
`library.com/contact/; https://kissly.net/contact; http://wtffastspring.bid/contact).
`38.
`On information and belief, the contact information provided by Defendants on
`their websites are intentionally misleading and false, intended to obscure their true identities,
`contact information, and activities. These details include, but are not limited to, the following
`representations:
`Libly.net: Purportedly operating out of Montréal, Canada, libly.net is an
`a.
`online ebook retailer that omits its owners’ purported names, claims it is located at 1341
`Avenue du Mont-Royal Est, H2J 3P6, Montréal, QC, Canada, and can be contacted at
`+1 (213) 394-9806 or +1 (941) 315-8427. See Exhibit B; https://libly.net/about/. On
`information and belief, no entities are registered in Québec, Canada under any variant
`of the Defendant Kiss Library’s various names, no one answers the purported contact
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`COMPLAINT - 7
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`

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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 8 of 19
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`telephone phone number provided by libly.net despite multiple attempts during normal
`business hours, and no commercial or retail spaces exist at libly.net’s listed address.
`b.
`Cheap-library.com: Purportedly operating out of Sofia, Bulgaria,
`cheap-library.com is an online ebook retailer that omits its owners’ purported names,
`claims it is located at “Bulgaria, ul. Sofia, Sofia Center, 1202, ‘Rodopi’ 38,” and can be
`contacted at +1 (800) 712-4214. See Exhibit B; https://cheap-library.com/about/. On
`information and belief, no entities are registered in Sofia, Bulgaria under any variant of
`the Defendant Kiss Library’s various names, no one answers the purported contact
`telephone phone number provided by cheap-library.com despite multiple attempts
`during normal business hours, and no commercial or retail spaces exist at cheap-
`library.com’s listed address.
`c.
`Kissly.net: Purportedly operating out of Alberta, Canada, kissly.net was
`an online ebook retailer that claimed it was “[o]riginally founded in 2015 by Jack
`Comstock and Nikolay Korolev,” was located at 2510 Centre St S Calgary, AB T2G
`5A6, and could be contacted at +1 (213) 394-9806. See Exhibit B. On information and
`belief, no entities were registered in Alberta, Canada under any variant of the Defendant
`Kiss Library’s various names, nobody by the names Jack Comstock or Nikolay Korolev
`is associated with Kiss Library, no one answered the purported contact telephone phone
`number provided by kissly.net despite multiple attempts during normal business hours,
`and no commercial or retail spaces existed at kissly.net’s listed address. After operating
`as the primary Mirror Website following the shutdown of kisslibrary.net, this Mirror
`Website began redirecting to libly.net as the primary website in June 2020.
`d.
`Wtffastspring.bid: Purportedly operating out of Alberta, Canada,
`wtffastspring.bid was an online ebook retailer that claimed it was “[o]riginally founded
`in 2015 by Jack Comstock and Nikolay Korolev,” was located at 2510 Centre St S
`Calgary, AB T2G 5A6, and can be contacted at +1 (213) 394-9806. See Exhibit B. On
`information and belief, no entities were registered in Alberta, Canada under any variant
`
`COMPLAINT - 8
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`of the Defendant Kiss Library’s various names, nobody by the names Jack Comstock or
`Nikolay Korolev are associated with Kiss Library, no one answered the purported
`contact telephone phone number provided by kissly.net despite multiple attempts during
`normal business hours, and no commercial or retail spaces existed at wtffastspring.bid’s
`listed address. On information and belief, this Mirror Website was created in response
`to problems with Kiss Library’s payment processor, FastSpring. It went down for
`“maintenance” in June 2020, approximately the same time kissly.net began redirecting
`its traffic to libly.net, apparently as part of Defendants’ coordinated effort to again
`migrate to new sites.
`39.
`On information and belief, Defendants also maintained the website
`www.kisslibraryemails.com, a website that previously automatically redirected the user to
`kissly.net until that Mirror Website’s own traffic began redirecting to libly.net.
`40.
`Defendants, through these and other known and unknown Kiss Library websites,
`engage in the rampant, illegal copying, display, and distribution of copyright-protected ebooks
`for their direct financial benefit, including works written by the Authors and exclusively
`published or distributed by the Publishers.
`41.
`Examples of works infringed by Defendants for which the Authors have
`registered copyrights and/or in which the Publishers control exclusive distribution rights (the
`“Works’) include but are not limited to:
`a.
`A Dark Mind, authored by T. R. Ragan, with exclusive publication and
`distribution rights held by Amazon (copyright number TX0007728631), is or was sold
`by Defendants without license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/77131c36d643ec519ca7 (Exhibit D);3
`
`3 On information and belief, Defendants have repeatedly migrated sites to hide evidence of their
`misconduct and avoid accountability for their piracy. Although the kissly.net site was recently
`disabled for those purposes, the Works were sold on that site and other works by the Authors
`and Publishers are currently being sold on other Mirror Websites as well. See Exhibit D.
`Davis Wright Tremaine LLP
`COMPLAINT - 9
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
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`b.
`Abducted, authored by T. R. Ragan, with exclusive publication and
`distribution rights held by Amazon (copyright number TX0007670441), is or was sold
`by Defendants without license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/26496177a96ffafedb29 (Exhibit D);
`c.
`Afterburn, authored by Sylvia Day, with exclusive publication and
`distribution rights held by Harper Collins (copyright number TX0008280509), is or was
`sold by Defendants without license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/884ea6a173f6ef1e51cb (Exhibit D);
`d.
`As Long As She Needs Me: A Novel, authored by Nicholas Weinstock,
`with exclusive publication and distribution rights held by Harper Collins (copyright
`number TX0005380194), is or was sold by Defendants without license on the Mirror
`Websites. See, e.g., https://libly.net/book/0310008cf18e86efaa748a959b1bee70;
`e.
`Blood on the Tracks, authored by Barbara Nickless, with exclusive
`publication and distribution rights held by Amazon (copyright number TX0008334746),
`is or was sold by Defendants without license on the Mirror Websites. See, e.g.,
`https://cheap-library.com/book/c4293b18edb0468046dce71dd75a3f2f;
`f.
`Fight Dirty, authored by C.J. Lyons, with exclusive publication and
`distribution rights held by Amazon (copyright number TX0008076233), is or was sold
`by Defendants without license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/70924dc73c193608db30 (Exhibit D);
`g.
`Jesse James: Last Rebel of the Civil War, authored by T.J. Stiles, with
`exclusive publication and distribution rights held by PRH (copyright number
`TX0005703845), is or was sold by Defendants without license on the Mirror Websites.
`See, e.g., https://cheap-library.com/book/45a5e2748d39bf66d745ec5d524a327c;
`h.
`My Sister’s Grave, authored by Robert Dugoni, with exclusive
`publication and distribution rights held by Amazon (copyright number TX0008009209),
`
`COMPLAINT - 10
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 11 of 19
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`is or was sold by Defendants without license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/f20671f38204d4377d3a (Exhibit D);
`i.
`Persuader, authored by Lee Child, with exclusive publication and
`distribution rights held by PRH (copyright number TX0006919613), is or was sold by
`Defendants without license on the Mirror Websites. See, e.g.,
`https://libly.net/book/bae5c93fc28b3f195558c4ca08c72804;
`j.
`Red Rain: A Novel, authored by R.L. Stine, with exclusive publication
`and distribution rights held by Simon & Schuster, Inc. (copyright number
`TX0007603027), is or was sold by Defendants without license on the Mirror Websites.
`See, e.g., https://kissly.net/book/9f40292160d1e5ec973a (Exhibit D);
`k.
`Short Straw, authored by Stuart Woods, with exclusive publication and
`distribution rights held by PRH (copyright number TX0006465649), is or was sold by
`Defendants without license on the Mirror Websites. See, e.g., https://cheap-
`library.com/book/df02bda1c81d7ebce5e9f23b6c22b993;
`l.
`The Book of Salt, authored by Monique Truong, with exclusive
`publication and distribution rights held by Houghton Mifflin Harcourt (copyright
`number TX0005745355), is or was sold by Defendants without license on the Mirror
`Websites. See, e.g., https://libly.net/book/627b6eb5da70d45c076d85abd9702ecc;
`m.
`The Brilliant Disaster: JFK, Castro, and America’s Doomed Invasion of
`Cuba’s Bay of Pigs, authored by Jim Rasenberger, with exclusive publication and
`distribution rights held by Simon & Schuster, Inc. (copyright number TX0007373794),
`is or was sold by Defendants without license on the Mirror Websites. See, e.g.,
`https://libly.net/book/128faaa6909f747e2e241671773ea1a5;
`n.
`The Burden of Proof, authored by Scott Turow, with exclusive
`publication and distribution rights held by Macmillan (copyright number
`TX0002844794), is or was sold by Defendants without license on the Mirror Websites.
`See, e.g., https://cheap-library.com/book/35b88038587b30eff3cff24d8d583f9a;
`
`COMPLAINT - 11
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 12 of 19
`
`o.
`The Litigators, authored by John Grisham, with exclusive publication
`and distribution rights held by PRH (copyright number TX0007494080), is or was sold
`by Defendants without license on the Mirror Websites. See, e.g.,
`https://libly.net/book/4ff12fd39e650b52895665e5e56d068d;
`p.
`Tyrannosaur Canyon, authored by Doug Preston, with exclusive
`publication and distribution rights held by Macmillan (copyright number
`TX0006206315), is or was sold by Defendants without license on the Mirror Websites.
`See, e.g., https://cheap-library.com/book/935dde12ac9622c64733bbba862c5f52; and
`q.
`You Are Not Small, authored by Anna Kang, illustrated by Christopher
`Weyant, with exclusive publication and distribution rights held by Amazon (copyright
`numbers TX0007970793, TX0007970795), is or was sold by Defendants without
`license on the Mirror Websites. See, e.g.,
`https://kissly.net/book/29cfeb176b308057ad2c (Exhibit D).
`42.
`Defendants’ rampant infringement is not limited to the above Works; instead,
`Defendants’ ring of Websites are replete with unauthorized and infringing offerings of many of
`Plaintiffs’ Works.
`43.
`On information and belief, Kiss Library serves primarily, if not exclusively, as a
`scheme to obtain illicit proceeds by violating the intellectual property rights of the owners of
`thousands of copyrighted works.
`44.
`Defendants copy, upload, display, and distribute the Works without the
`copyright owners’ approval or a license from an exclusive rights holder.
`45.
`Although Kiss Library purports to invite and allow authors or publishers to
`upload and sell their works for a license fee or royalty through a “seller registration invitation,”
`e.g. Exhibit E (“If you’re willing to get a seller registration invitation, please describe what
`kind of stuff you’re willing to sell with our site to invite@kisslibrary.net.”); Exhibit C (Mirror
`Websites), upon information and belief, Defendants do not actually invite or accept
`applications from authors or publishers seeking to license their works.
`
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`COMPLAINT - 12
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
`
`

`

`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 13 of 19
`
`46.
`Features on Defendants’ websites patently show that they know the Works are
`copyrighted and require a license from the rights holder to be lawfully copied, displayed, or
`distributed—yet Defendants intentionally and willfully continue to copy, display, and distribute
`the Works without permission. For example, on the listing for each Work, Defendants include
`the name of the publisher that published that version of the title. In addition, Defendants
`provide a free, downloadable 20-page sample of each Work that includes the rights page that
`identifies when and by whom each Work was copyrighted. Defendants feature this information
`on their websites and then willfully and intentionally ignore the law’s requirements.
`47. While Kiss Library and its Mirror Websites purport to have a Digital
`Millennium Copyright Act-compliant copyright agent, the Copyright Office’s directory of
`registered agents (including terminated ones) includes no record of one for any of the Kiss
`Library names (or any variation thereof).
`48.
`Further, on information and belief, despite Kiss Library’s promise to remove
`infringing works when notified by rights holders, it continues to display the copyrighted works
`for sale or relists Works after briefly taking them down.
`49.
`Defendants’ infringing activities are so widespread and notorious that countless
`other authors have publicly posted about them—again putting Defendants on clear notice that
`they are displaying, reproducing, selling, and distributing copyrighted works without
`permission. See, e.g., Writer Beware, Kiss Library: Pirate Site Alert, Aug. 9, 2019,
`https://accrispin.blogspot.com/2019/08/kiss-library-pirate-site-alert.html (“I’ve gotten several
`alerts over the past week about a pirate site that’s new to me (though not new: this warning was
`first published in September 2017): Kiss Library, where many authors are finding unauthorized
`electronic versions of their books.”).
`
`COMPLAINT - 13
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
`
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`Case 2:20-cv-01048-MJP Document 1 Filed 07/07/20 Page 14 of 19
`
`WOW% Ririps5$ • 4,0clOnastrati, Atiq 10
`ti
`Welt, that didn't take long, *Kiss Library has not only put back the two books
`IlOMCA'd the other day, it has added two more. plus two fake books created
`by a Writer Beware-hating troll a few years ago. Gee. I think they might've
`found my post,. accrispin.niog5pot.tom/2019/0.8/kiss -
`
`41111 Linda Catherine
`
`Russian website Kissly bought my books & sell them in
`pdf form for 1/2 price Type your name & book title on
`google & this site comes up with your book Complain
`& they block your IP address or remove your book &
`put it back later Buy & they steal your card details
`#copyrighttheft
`102S Am Oct 22, 2014 - ;rotten Web Client
`
`1) Bev Spicer Novelist
`
`PIRATED BOOKS! - Beware of Kiss Library/Kissly
`aelliottbooks.com/2019/07/13/pir... I just found one of
`mine on this site being sold for twice the price...
`
`PIRATED BOOKS! - Beware of Kiss Library/Kissly
`If you have a published eBookis), please check the Kiss Library
`or Kissly sites to see if your property has been pirated. Yes — it ...
`aelliottbooks.com
`
`■
`
`Bugsy Potter 0.1Bugsy_Potter • Aug 14 2019
`lust found .a pirated copy of my amazon kindle book on grkiWibrary and
`they are selling it for like 57 after I put it up for free. Checked my `amazon
`account, and rt had been flagged for copyright. Wow, Looks like it'll be on
`i=fictionpress for the rest of my life,
`
`KISS
`
`•
`
`- - 11111111
`
`Sidewalk Chalk: A Shon Story
`..o.ccee
`
`a
`
`5 um "own
`
`50.
`By selling pirated and unauthorized ebook copies, Defendants cause damage and
`harm to the Authors because they do not receive any royalties or proceeds from sales on
`Defendants’ sites, and Authors suffer losses to prospective customers, goodwill from customers
`who receive Defendants’ inferior ebook copies and service, and resources expended in
`discovering and combatting infringement, as well as disruption to their distribution
`arrangements.
`
`Laurainn Donner
`NoyemDet S 2019 Q1
`
`I always TRY to be nice to everyone But sometimes °MG I'm tested
`LOL That's putting it politely. I'm going to show you an example of
`someone who made me loose my shit and then threatened to out me tot
`being a 'bad author So here's the story. This woman bought a book from
`this 'site' It's not an authorized site I don't even know what this thing is but
`i't's not supposed to have any of my books So this woman bought this
`book. I'm going to Include a link so you can see what she bought
`THEN.. when it wasn't my book -- she demanded that I refund her the
`money she spent on this 'site She got nasty despite me pointing out that
`A) I never got any money from that sale since NOT somewhere I loaded my
`books to be sold B) Did you not see the problem just by looking al where
`you bought it fromrn C) I did ask if she had any common sense because
`i1 was a valid question Look and you'll understand Anyway. she got nasty
`and yeah I finally told her I can't deal with your stupid Does that make
`me a bad person'? No It makes me human and fed up with dealing with
`Someone unreasonable whO was crOwnini ruder SO Check this Out. yall
`want to say 'hold my beer just because it was that shakes head LOL
`
`Fang and Claw by Laurann Dohner 1 Klssly: Affordable
`Ebooks
`
`95 Comments I Share
`
`COMPLAINT - 14
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main· 206.757.7700 fax
`
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